Terms & Conditions

Terms & Conditions

1. Introduction

1.1 Cash Flow Finance House.co.uk is a website and trading name of Cash Flow Finance House ( hereinafter Cash Flow Finance House).We are a lead generating business for invoice Discounting, Factoring, and Asset Finance. We act as a broker only, and do not provide any services as a lender, quasi lender or provider of credit.

1.2 Our website is linked to a panel of lenders who are in the business of providing credit facilities subject to satisfactory compliance with their demands and are all authorised to do so. We simply pass on leads to those institutions. They make the decision whether to lend or not and we have no influence over that decision or the terms that they may wish to offer to any business

2. These Terms of Business

2.1 This document sets out our Terms of Business. You may want to print off a copy and keep it with your records. It comprises the entirety of the relationship between us.

2.2 In keeping with industry convention, we do not require you to sign or countersign or otherwise indicate agreement to the Terms of Business. By continuing to use this site, you are deemed to agree to them, and to be bound by them.

3. Our Services

3.1 Cash Flow Finance House introduces clients to lenders through its website. Our service to you is free of charge and confidential. We may however be paid a commission by your lender if you are successful in your application.

3.2 We support our clients in seeking to obtain an appropriate funding solution to meet their specific requirements. You will be allocated a dedicated lender who will work with you to find the most appropriate solution for your business from our panel of independent finance providers. We have no influence on what you may agree with the finance provider or the terms that they may require you to agree to in order for them to assist you.

3.3 Our services include:

3.3.1 An assessment of your specific funding and business requirements based on the information that you supply us with and without any obligation on our part to check the veracity of what you have told us;

3.3.2 A recommended shortlist of typically 2 – 3 lenders from our panel whom, based soley on the information that you have supplied, we consider best fit your needs at this time;

3.3.3 Continued guidance through the process of negotiation of your funding with the lender or lenders you choose from the shortlist. ( please be aware that at the end of the day it is for you to satisfy yourself via your own financial and legal advice whether the negotiations that you are engaged in are suitable for your current and future business needs); and

3.3.4 After care service once you become a live client.

3.4 We recognise it is important for you to be able to shop around for credit and alternative sources of credit and we would be happy to assist you if required.

3.5 Please note in particular the following matters;

3.5.1 We do not provide legal or financial advice. If you are presented with loan documentation for agreement with a lender whom we have introduced to you, it is your responsibility to seek legal advice from an appropriately experienced legal advisor and financial advice from a suitably qualified accountant or similar professional. Once we have suggested to you a lender the relationship that you have with that financial institution is private and confidential to you and your business. You must not assume that we know anything about the arrangements that thereafter you reach with that lender, nor what additional information they may have received from you. Accordingly we cannot be expected to know whether the lender remains the most suitable institution for your needs.

3.5.2 We are not responsible for advising you on the solvency of your business or on whether it may be insolvent. The law imposes obligations on the directors or owners of a business that is or may be technically insolvent, and if the reason you are seeking loan finance is connected with the solvency of your business, you should take advice on your obligations from a qualified insolvency practitioner or other professional.

3.5.3 We do not provide taxation, fiscal or investment advice or advice on the impact of the same on proposals that you are negotiating either in this country or in any other jurisdiction where you trade or intend to trade in the future..

3.5.4 We are here to offer a broking service as we have described, and will give you what we consider to be the most appropriate service from our panel in this respect, based on the limited information that you provide to us at the time that you provide that information to us.. We may ask you to clarify certain issues but will not carry out any due diligence exercise on your business or the proposal that you put to us. This does not amount to advice by us to you on the full commercial operation of your business, which is likely to depend on information that we do not have and are not entitled to see or receive. Accordingly, the decision to proceed with one of our recommended lenders (if any) is ultimately yours and based on matters that you have discussed with them and disclosures that you have made to them. Once we have suggested to you a financial institution that we think may be able to help you we will step back and leave them to enquire of you what they need to know to enable them to make their informed decision. We may monitor the progress of your negotiations from time to time to ensure that you are making such progress as you want to but we will not rush you into reaching a decision.

4. Your Responsibilities to us

4.1 In order for us to fulfil our responsibilities to you and provide you with this service , you are expected to fully read any documentation we give you and let us know immediately if there is anything that is unclear or anything that does not represent your present or perceived future requirements. We also expect you to immediately raise any other issues that affect your use of our services. We will not be responsible to you if as a result of any misleading or ambiguous disclosure or lack of information from you, we make arrangements that are not wholly appropriate for your business.

4.2 If, in the course of our relationship with you, you or your business suffer material changes (here specifically, though not exclusively, referring to material financial changes ,whether adverse or not), you must inform us immediately unless you are under a formal legal or other obligation not to do so.

4.3 Should we incur material cost or expenses or sustain material losses as a result of your failure to comply with paragraphs 4.1 or 4.2, we are entitled to an indemnity from you to the extent of such cost, expense or loss.

5. Limitations of our Service

5.1 Our responsibility under these Terms of Business are limited solely to assisting you to find an institution prepared to lend money to your business in accordance with the needs and profile of that business that you have disclosed to us and which we in turn have relayed to the panel of lenders with whom we work. We cannot be held responsible for the manner in which you subsequently apply any finance raised or the consequences of such additional finance to your business. Nor can we be held liable for your failure to raise finance to the extent that you wish or at all.

5.2 Any discussion that you have with a panel lender that are outside the scope or purpose of these Terms of Business, and the consequences for you or your business of any such discussion and any transaction or investment that arises from such discussion, are not our responsibility whatsoever.

5.3 Cash Flow Finance House selects lenders for its panel based on its due diligence into the circumstances, business methods and track records of each such lender. We may rely on third party information as part of this due diligence process, which we are not in a position to verify and which we will act upon in good faith. We review our panel lenders from time to time, applying the same degree of due diligence. We therefore present any lender on our panel to you on the basis that we have used reasonable care to ensure that such lender is an honest, responsible and (where necessary) appropriately regulated business. We limit our responsibility to you accordingly. We do not accept responsibility to you for any loss you may sustain or any costs or expenses you may incur which arise due to a failure or demerit in a lender of a nature that it would not have been reasonable for us to have detected by our normal due diligence procedures referred to in this paragraph.

6. Our Remuneration

6.1 Cash Flow Finance House does not look to you to pay for using our broking services.

6.2 Cash Flow Finance House will receive commission payments from any lender or other financial institution that it may introduce to you and from whom you then decide to borrow. Our Consultants are not made aware of the commission rates and therefore will not be influenced by this as a factor when making introductions to any of our panel lenders. We expect our panel lenders to disclose to you that Cash Flow Finance House will be paid a fee for a successful introduction, and to make full details of commission actually paid on request.

6.3 Please note that where you return to a lender whom we have introduced in order to negotiate a further facility at some point in the future, we may be entitled to a further commission payment in relation to that facility as well.

7. Conflicts of Interest

7.1 In view of our business model, that it is extremely unlikely that our relationship with you is going to give rise to a conflict of interest.

7.2 However, in the unlikely event that a conflict of interest should arise whereby;

7.2.1 Cash Flow Finance House or one of our Directors or Consultants could have an interest in a lending company on our panel: or

7.2.2 Circumstances could arise where our duties to you conflict with our duties to another client of Cash Flow Finance House

We will make you aware of the conflict of interest as soon as we become aware of it and we will obtain your consent before continuing with your instructions

8. Equal Opportunities and diversity policy

8.1 It is our principal aim to treat all our clients and potential clients fairly. This means that we will always endeavour to:

8.1.1 Conduct our business with due skill, care and integrity;

8.1.2 Treat you and your business at all times without regard to any issues of race, colour, creed, religion or any other discriminatory issue either in respect of your staff, your customers or the objects of your business

8.1.3 Never put ourselves in a position where our primary duty to you is compromised, nor discriminate against you either directly or indirectly;

8.1.4 Deal with any complaint that you may raise sympathetically and independently of the colleague concerning whom the complaint is directed;

8.1.5 Be open in the matter of our remuneration; and

8.1.6 Respect your confidentiality at all times.

9. Complaints

9.1 In the unlikely event that we fall short of your expectations of us and you feel the need to lodge a complaint with respect to our services under these Terms of Business, please contact our office. Our internal complaints procedure is available on request.

9.2 If we cannot resolve the issues that you feel that you have, you may be entitled to refer the matter further to the Financial Ombudsman Service. You can find further details concerning the jurisdiction and scope of the Financial Ombudsman Service atwww.financial-ombudsman.org.uk.

10. Data Protection and Confidentiality

10.1 Cash Flow Finance House is registered under the Data Protection Act 1998 and will at all times abide by the requirements of the relevant regulations made there under.

10.2 All information received from you will be held by us in strict confidence and will used exclusively in order to provide quotations and arrange finance with a funder. We will not supply your confidential information to any person other than a potential lender from our panel without your prior consent (unless we are required to do so by the law).

10.3 You have the right to require us to cease to use the information that you have provided to us (either generally or with respect to any specific piece of such information). If this makes it practically speaking impossible for us to provide our services to you under these Terms of Business, we will notify you of this and bring this relationship to an end.

10.4 Before or at any time after you enter into any agreement with a lender from our panel, and in order for it to make credit decisions, the lender may make a credit search with a credit reference agency. If you are a company or partnership the lender will also make enquiries about the principal director(s) or partner(s) with that credit reference agency. Full details of the use and disclosure of your information by the lender must by law be set out in the terms of the offer of any loan which the lender proposes to make, and you should read all of this carefully before signing.

10.5 All our customers’ records are treated as private and confidential and Cash Flow Finance House therefore reserves the right to give you copies of your particular records rather than allow access to files containing records concerning other clients. If you want sight of your records please send a request in writing to our office. Cash Flow Finance House reserves the right to charge a nominal fee for the production of your records in accordance with the spirit of the Data Protection Act 1998 and any regulations made there under.

11. Other Miscellaneous Matters

11.1 These Terms of Business will apply as between Cash Flow Finance House on the one hand and, on the other hand:

11.1.1 you yourself, if a sole trader; or

11.1.2 your company or partnership, if you are applying for our services as a company or a partnership.

Accordingly only you (as explained above) and we are parties to these Terms of Business and for the purposes of the Contracts (Rights of Third Parties) Act 1999, no other person has a right to enforce any provision of these Terms of Business.

11.2 We will ask you to provide us with an address at which we will send you any formal communications and notices. Any formal communication or notice you need to send to us should be sent to our office address 19 Napier House, Elva Way, Bexhill on Sea TN39 5BF

11.3 Either party may terminate the relationship under these Terms of Business on written notice to the other with immediate effect. At that point the relationship between us will cease save in relation to those obligations whether on your part or ours are required by law to continue

11.4 These Terms of Business are subject to English law and the English and Welsh courts shall have exclusive jurisdiction relating to any matters arising from them.